After the colony of Victoria was separated from New South Wales in July 1851 the first
Legislative Council was established. Two-thirds of its members were elected and one-third was appointed by
Charles La Trobe, the colony's first lieutenant-governor. In December 1854
William Haines was appointed to the position of colonial secretary, the senior local official representing the government in the Legislative Council. At that time the colonial secretary acted under instructions from the lieutenant-governor who, in turn, followed orders from London. The British government had committed to self-government in local affairs for the colony of Victoria, under a constitution to be framed by the colonists themselves. Haines was a member of the committee that drafted the new constitution in 1853. The constitution was passed in the Legislative Council in 1854 and eventually endorsed by the British parliament after some amendments. The responsibility for local affairs was effectively handed over to the colonists when the new constitution came into force. Governor Hotham appointed Legislative Council members in charge of government departments as ministers in the transition government prior to the establishment of a bicameral parliament. Haines, as the leading official, took on the post of chief secretary and soon afterwards the colonial newspapers began referring to him as the premier. Although there were no firm party loyalties at this stage it was essentially a conservative ministry, described by
The Age newspaper as "an oligarchical clique". In order to carry out an election for a new Legislative Assembly, the existing Legislative Council needed to pass electoral laws, a process that commenced in December 1855. The ministry led by Haines faced an early setback during debate on the principle of a
secret ballot.
William Nicholson, previously mayor of Melbourne, put forward a motion that voting by secret ballot should be embodied in the electoral provisions, a proposal vehemently opposed by Haines and his ministry. Nicholson's motion was carried on 18 December 1855, prompting Haines and his ministry to resign. Nicholson was asked to form a government, for which he had no enthusiasm, and the Haines ministry resumed office on December 29. Haines then agreed that the question of a secret ballot "should be an open, and not a ministerial, question". The practical system of secret voting was devised by
Henry Chapman and incorporated in the electoral laws. The Electoral Act, which included provisions facilitating the election of a Legislative Assembly, was eventually passed in March 1856. ==Aftermath==